The plaintiffs, autistic children and their parents, commenced a proposed class proceeding alleging the provincial government and several school boards failed to provide or fund Applied Behavioural Analysis therapy and related services within Ontario’s education system, contrary to the Charter.
After earlier rulings struck most causes of action and the Court of Appeal limited the remaining claims, the plaintiffs moved to discontinue the proceeding under s. 29 of the Class Proceedings Act.
The court reviewed the legal framework governing discontinuance of proposed class proceedings, focusing on whether the discontinuance would prejudice putative class members.
Finding no evidence of improper purpose, prejudice to class members, or objection from notified parties, the court approved the discontinuance on consent and without costs.